What is the name of your state? California
My son, 16 yrs old, and a friend went into a store in our local mall and my son came out with 3 lighters. He gave them to his friend to look at and then asked him to hold onto them. An employee from the store approached them, just outside the store, and asked for his friend to empty his pockets. My son then said "I took the lighters". The lighters were then turned over to the employee. They brought my son back into the store and took him into an office. They held him long only enough to write down his name, address, and phone number then released him. The police were not contacted, nor were mall security.
I received a letter two weeks later requesting a demand payment, from a law firm, for my sons actions pursuant to Cal Penal Code, Sections 490.5 (b) and (c). Stating I may settle this matter by making payment of $350 within 20 days. I did not pay. To make a long story short, I later received a second letter stating the new amount would be $625. Or the merchant may file further civil action and will be requesting pre-litigation attorney fees and so on.
I called the store to ask what was going on and ask why I had not been contacted. This is when I received the details of my sons actions and that he inadvertently gave the incorrect phone number, so a message by the store was left on someone's answering machine. They made no further attempt to contact me "per store policy".
I have read the Code but am confused about a couple of things if someone could clear it up for me?
1. The letter I received was addressed to "Parent/Guardian of (my sons name), can I be served like that?
2. In Section 490.5 (b) it is my understanding that "damages" can not exceed $500, but the law firm is demanding payment in the amount of $625.
3. There was no damage to the merchandise and the merchandise was recovered on the spot, is the term damages as used in this code referring to something else?
4. It is unclear as to whether any of this can be proper legal procedure in the absence of any kind of report or filing with any authorities?
5. Section 490.5 (c) doesn't even apply to me does it? I, the adult, did not unlawfully take any merchandise and there is no emancipated minor in this situation.
If what they are trying to do is legal then so be it, I would just like to know for sure if everything here is on the up and up. If what they are doing is legal and I am unable to pay the fine what is likely to happen in court? This is his first offense, he has never been in any trouble before. Any possibility they would order him to community service and make him get a part time job to pay the fine himself? I don't really see how fining me will help my son learn not to do this again. I understand the whole legally holding the parent responsible for the actions of a minor thing but...I am a single parent of 6 children, I am not employed, my only source is child support and my youngest are 2 and 3 yrs old which is why I stay at home. I/my family can not afford to pay for his stupid behavior when there was not technical damage to the merchant. I realize if I am ordered to then that it the way it is, just don't think that teaches him much of a lesson.
Thank you for your time.
My son, 16 yrs old, and a friend went into a store in our local mall and my son came out with 3 lighters. He gave them to his friend to look at and then asked him to hold onto them. An employee from the store approached them, just outside the store, and asked for his friend to empty his pockets. My son then said "I took the lighters". The lighters were then turned over to the employee. They brought my son back into the store and took him into an office. They held him long only enough to write down his name, address, and phone number then released him. The police were not contacted, nor were mall security.
I received a letter two weeks later requesting a demand payment, from a law firm, for my sons actions pursuant to Cal Penal Code, Sections 490.5 (b) and (c). Stating I may settle this matter by making payment of $350 within 20 days. I did not pay. To make a long story short, I later received a second letter stating the new amount would be $625. Or the merchant may file further civil action and will be requesting pre-litigation attorney fees and so on.
I called the store to ask what was going on and ask why I had not been contacted. This is when I received the details of my sons actions and that he inadvertently gave the incorrect phone number, so a message by the store was left on someone's answering machine. They made no further attempt to contact me "per store policy".
I have read the Code but am confused about a couple of things if someone could clear it up for me?
1. The letter I received was addressed to "Parent/Guardian of (my sons name), can I be served like that?
2. In Section 490.5 (b) it is my understanding that "damages" can not exceed $500, but the law firm is demanding payment in the amount of $625.
3. There was no damage to the merchandise and the merchandise was recovered on the spot, is the term damages as used in this code referring to something else?
4. It is unclear as to whether any of this can be proper legal procedure in the absence of any kind of report or filing with any authorities?
5. Section 490.5 (c) doesn't even apply to me does it? I, the adult, did not unlawfully take any merchandise and there is no emancipated minor in this situation.
If what they are trying to do is legal then so be it, I would just like to know for sure if everything here is on the up and up. If what they are doing is legal and I am unable to pay the fine what is likely to happen in court? This is his first offense, he has never been in any trouble before. Any possibility they would order him to community service and make him get a part time job to pay the fine himself? I don't really see how fining me will help my son learn not to do this again. I understand the whole legally holding the parent responsible for the actions of a minor thing but...I am a single parent of 6 children, I am not employed, my only source is child support and my youngest are 2 and 3 yrs old which is why I stay at home. I/my family can not afford to pay for his stupid behavior when there was not technical damage to the merchant. I realize if I am ordered to then that it the way it is, just don't think that teaches him much of a lesson.
Thank you for your time.
